State of Tennessee v. Jacques Sherron

The appellant, Jacques Sherron, was convicted by a jury of criminal responsibility for introducing a controlled substance into a penal institution, conspiracy to introduce a controlled substance into a penal facility, possession of cocaine with the intent to sell or deliver and possession of marijuana with the intent to sell or deliver. The appellant received an effective sentence of ten years on March 18, 2005. The appellant filed a pro se notice of appeal on April 6, 2005. On July 1, 2005, trial counsel for the appellant filed a motion for new trial alleging that the evidence was insufficient, that the verdict was based on circumstantial evidence and that the appellant’s sentence was excessive.  The appellant subsequently filed a motion in this Court requesting dismissal of his appeal without prejudice due to the fact that the trial court had not yet ruled on the motion for new trial. This Court denied the motion. The appellant filed an amended pro se motion for new trial. The trial court held a hearing on the motion for new trial on September 14, 2005, at which time the appellant filed a third amended motion for new trial. The trial court denied relief, and the appellant filed a second notice of appeal on September 14, 2005. On appeal, the following issues are presented for our review: (1) whether the conspiracy charge should have been dismissed for failure to state a crime; (2) whether the evidence was sufficient to support the verdict; and (3) whether the trial court committed plain error in failing to give an accomplice instruction to the jury. For the following reasons, we reverse and dismiss the conspiracy conviction, and affirm the conviction for introducing a controlled substance into a penal facility.